House File 847 H-1270 Amend House File 847 as follows: 1 1. Page 14, after line 1 by inserting: 2 < DIVISION ___ 3 SAVE WOMEN’S SPORTS ACT 4 Sec. ___. NEW SECTION . 261I.1 Short title. 5 This chapter shall be known and may be cited as the “Save 6 Women’s Sports Act” . 7 Sec. ___. NEW SECTION . 261I.2 Definition. 8 As used in this chapter, “educational institution” means a 9 public or accredited nonpublic school, regents institution, 10 community college, or any other institution of higher 11 education that is a member of the national collegiate athletic 12 association, national association of intercollegiate athletics, 13 or national junior college athletic association. 14 Sec. ___. NEW SECTION . 261I.3 Designation of athletic teams 15 or sports by sex —— eligibility. 16 1. Interscholastic or intramural athletic teams or sports 17 that are sponsored by an educational institution shall be 18 expressly designated as one of the following based on the 19 biological sex of the participating students: 20 a. Males, men, or boys. 21 b. Females, women, or girls. 22 c. Coed or mixed. 23 2. Notwithstanding section 216.9, students of the male sex 24 shall be ineligible to participate in athletic teams or sports 25 designated for females, women, or girls. 26 Sec. ___. NEW SECTION . 261I.4 Disputes of biological sex. 27 If the biological sex of a student is disputed, the student 28 may establish the student’s sex by presenting a signed 29 statement by a licensed physician that indicates the student’s 30 sex based solely upon all of the following factors: 31 1. The student’s biological sex, as ascertained at or 32 before birth in accordance with the student’s genetics and 33 reproductive biology. 34 2. The student’s normal, endogenously produced levels of 35 -1- HF847.1558 (2) 89 md/jh 1/ 3 #1.
testosterone. 1 3. An analysis of the student’s genetic makeup. 2 Sec. ___. NEW SECTION . 261I.5 Adverse action against 3 educational institutions prohibited. 4 Notwithstanding section 216.9, a government entity, 5 licensing or accrediting organization, or athletic association 6 or organization shall not consider a complaint, open an 7 investigation, or take any other adverse action against 8 an educational institution for maintaining separate 9 interscholastic or intramural athletic teams or sports for 10 students of the female sex. 11 Sec. ___. NEW SECTION . 261I.6 Causes of action —— damages. 12 1. A student who is deprived of an athletic opportunity or 13 suffers any direct or indirect harm as a result of a violation 14 of this chapter by an educational institution shall have a 15 private cause of action for injunctive relief, damages, and any 16 other relief available provided by law against the educational 17 institution. 18 2. A student who is subject to retaliation or other adverse 19 action by an educational institution or athletic association 20 or organization as a result of reporting a violation of this 21 chapter to an employee or representative of the institution 22 or athletic association or organization or to any state or 23 federal agency with oversight of educational institutions in 24 this state shall have a private cause of action for injunctive 25 relief, damages, and any other relief provided by law against 26 the institution or athletic association or organization. 27 3. An educational institution that suffers any direct or 28 indirect harm by a government entity, licensing or accrediting 29 organization, or athletic association or organization as a 30 result of a violation of this chapter shall have a private 31 cause of action for injunctive relief, damages, and any other 32 relief provided by law against the government entity, licensing 33 or accrediting organization, or athletic association or 34 organization. 35 -2- HF847.1558 (2) 89 md/jh 2/ 3
4. A civil action under this section must be initiated 1 within two years after a violation of this chapter has 2 occurred. A person who prevails in such an action shall be 3 entitled to monetary damages, including for any psychological, 4 emotional, and physical harm suffered, if applicable, 5 reasonable attorney fees, and any other appropriate relief. 6 Sec. ___. NEW SECTION . 261I.7 Severability. 7 The provisions of this chapter are severable pursuant to 8 section 4.12. > 9 2. Title page, line 2, after < weighting, > by inserting 10 < interscholastic or intramural sports, > 11 3. By renumbering as necessary. 12 ______________________________ SALMON of Black Hawk ______________________________ CISNEROS of Muscatine ______________________________ JACOBSEN of Pottawattamie -3- HF847.1558 (2) 89 md/jh 3/ 3 #2. #3.